WASHINGTON (CN) — The Supreme Court turned down a challenge Tuesday from a convicted sex offender whom the state refused to let out of prison when he was otherwise eligible because he couldn’t find residential accommodations far enough away from a school to meet probationary requirements.

In a statement with respect to the case, Justice Sonia Sotomayor said the situation raises constitutional concerns, even if Angel Ortiz’s petition did not satisfy the high bar that the court sets for granting a writ of certiorari.

“All told, because of New York’s residency prohibition, Ortiz was imprisoned for over two years longer than he otherwise
would have been,” the Obama appointee wrote.

Ortiz faced residency requirements — namely that he not live within 1,000 feet of any school — because his conviction is what the state classifies as a level-three sex offense. With good time credits, he was eligible for community supervision for the last year and a half of the 10-year sentence he had spent behind bars.

….Illinois, North Carolina and Wisconsin already revised policies similar to that of New York’s that they had on the books, and the Empire State should do the same, Sotomayor advised.

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